VA Benefits/Military Disability lawyers? (1 Viewer)

aaronrules

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This is a shot a in the dark. I am in the guard (for now) and I filed for VA disability and received a rating for my PTSD as well as some other things. My guard unit sent my paperwork for my military disability and it came back as “non-duty” related. I am looking for someone who has had experience with representation to fight what the military has ruled about my disability.

If you all know of a good person or place, please let me know.

Thanks.
 
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I am a veteran with no knowledge about this. What it sounds like is they are saying your issues were from "non duty" issues. I have a friend who was injured in a car accident while on active duty and he receives no disability at all. Even though he is disabled. At least no VA disability that is. Have you served in a combat zone ?
 

Helipilot

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I know a guy who was on his motorcycle on base and was struck broadside by an auto. Really messed up his right leg and he is drawing 100% or so he says. I can't verify that but that is his story.

Depending on where you were injured and what you were doing will say a lot to the rating folks. Where did you get your PTSD from, in theater or stateside?
 

Helipilot

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Follow up to your previous post; https://themilitarywallet.com/va-disability-pay-rates-rise/ THey have some good information on the pathway to your ratings by the VA. Most of it refers to federal active duty. I know the national guard, unless activated under Title 10, are not eligible as technically you are considered a state employee. I could be wrong so check with other people who may know for sure.
 

aaronrules

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My PTSD came from being on Title 10 orders in Afganistan. I have an overall rating of 70% from the VA, but I have not fully gone through the military disability system, other than them coming back with the non-duty rating. The letter says that when was coming out of theater, I said I was ok, and during a web based physical health assessment later on, I said I was ok. The letter states that because I deployed three times as a contractor, and I said I was ok after my military deployment, it's a non duty disability.
I haven't read up on the DSM-V lately but I am pretty certain it says that symptoms from PTSD can present themselves many years later as they have with me.

Anyway, this is a thread asking if anyone has any experience with legal representation in regards to the military disability system.
 

Helipilot

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Sorry to confuse the situation. My son, a highly decorated combat medic, came back from Iraq with some serious issues. The VA said nothing was wrong with him and he was Title 10 at the time as well. We spent about $122,000 of our own money getting him private treatment and counseling. I hired our attorney and he suggested we start a three ring binder detailing everything including photographs, orders, counseling notes, medical notes, receipts, and anything else we could think of. After about a month we had everything put together and our attorney got with the DAV and the American Legion reps and then he made his move. The first rating was 60%. He went back and after he knocked their dick in the dirt they came back with a 100%, 90% disability and 10% unemployable. It is fair as he cannot work due to injuries sustained in the 21 day firefight in Fallujah.

That is what we did and it has proven to be a good thing. He is married and has a child but still has issues but he is dealing with them. I wish you good luck.
 
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Not sure if you still need help. But I know a lot of vets that have received help from the DAV. I wound up working for them at one point, and wish I would have gone to them sooner, it would have been a lot easier and faster.

Good luck with your compensation!
Yeah contact of the dab also go on Facebook and type in veteran disability there's several different groups.
 
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Sorry to confuse the situation. My son, a highly decorated combat medic, came back from Iraq with some serious issues. The VA said nothing was wrong with him and he was Title 10 at the time as well. We spent about $122,000 of our own money getting him private treatment and counseling. I hired our attorney and he suggested we start a three ring binder detailing everything including photographs, orders, counseling notes, medical notes, receipts, and anything else we could think of. After about a month we had everything put together and our attorney got with the DAV and the American Legion reps and then he made his move. The first rating was 60%. He went back and after he knocked their dick in the dirt they came back with a 100%, 90% disability and 10% unemployable. It is fair as he cannot work due to injuries sustained in the 21 day firefight in Fallujah.

That is what we did and it has proven to be a good thing. He is married and has a child but still has issues but he is dealing with them. I wish you good luck.
PTSD is incredibly real and Incredibly sad oh my God. I was going to the VA sometimes to the mental health building. We had a red alert announcement and I was inside that building at the time. I walked away from the main entrance back to the hallway again and I heard yelling down the hallway. I saw this six foot African American just yelling out I can't remember what he was saying. But he was walking pretty fast and His short psychologist was trying to keep up with him. The police came in through the door and they came up to him. I think he was having an absolute f****** meltdown and I think he kept saying the words why why this why that and maybe he was going back to the time when his battle buddies died beside him I don't know but it sounded like it. And the police were saying okay by the okay buddy and we hear you. And then he started to vomit and then he passed out with the police catching him before he hit the floor. I've seen other cases where the other veterans were suffering from severe anxiety. I was trying to have a conversation with another veteran and he said I can't talk to you he just looked absolutely miserable and I think it was probably from anxiety. I once read that and I even thought of this at the same time that it's better to have arm removed then suffer through PTSD.
The terrorists have won! 60,000 veterans have committed suicide since 2006.
 
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I know a guy who was on his motorcycle on base and was struck broadside by an auto. Really messed up his right leg and he is drawing 100% or so he says. I can't verify that but that is his story.

Depending on where you were injured and what you were doing will say a lot to the rating folks. Where did you get your PTSD from, in theater or stateside?
He needs to talk to a attorney
 

aaronrules

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So about a year ago I received a decision on my secondary filing. Right now I’m sitting at %80 with my PTSD being 60% of that. I didn’t know this was the case, but you file to add other disabilities and/or secondary disabilities, they reevaluate you for everything you have on file with them. It kinda scared me cause I didn’t want lose any of the ratings I already had, as a whole all the other stuff I was able to add got me to %80 overall. What sucks is that I have found a part time job, but my physical disabilities; back, knee and shoulders wipes me out after three 8 hours days. I’m afraid to try to get unemployable, especially since I ended up getting this job. Even though it is a very low end type of job, I feel it might show that I am actually employable. I’m just scared to go through whole process again. I guess I need to sit down with someone to talk this out?
 
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I'm 90% and fought tooth and nail to get it. PTSD, injuries and all. The VA sucks and most of the VSOs too. If you find a good VSO good for you. I fought my VSO more than the VA. They screwed up so much stuff and cost me years of additional time. Since all VSOs became a quasi government agency they just don't do anything.

Lawyers can help but over 80% good luck trying to find one that will help you. And if you are working they won't even take your call.

Unemployability doesn't mean you can't get a job it is just a status given. I'm 90% and unemplyable but work 50 to 60 hours a week. If they change me to 100% I am in the same boat nothing more still work and still get 100%.

Best thing for you is a Fully Developed Claim and the VA spells it out for you and if you call will get you the information you need. When I took my FDC back to the DAV they made copies to help their own cases and I just took it from the VAs website. The DAV told me they don't have any knowledge of helping veterans with getting disability. Keep in mind that is just my DAV, I've talked with some vets who kiss the DAVs feet I wish I could.
 

Big Ed

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Unemployability doesn't mean you can't get a job it is just a status given.

First I’ve heard of that, it’s common knowledge that you cant work on Unemployability. Dont be surprised if they want money back when they find out you’ve been working.
 
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First I’ve heard of that, it’s common knowledge that you cant work on Unemployability. Dont be surprised if they want money back when they find out you’ve been working.
You can work at 100% and unemployable through the VA depending on how you became unemployable. In one case you are given the 100% disability rating because you are unemployable and loose you 100% status if you get a job. The other you have a 100% disability and you are then given the unemployable status but can still work. There is a third case where you get 100% disability and unemployability and cannot work. In that case you don't lose you rating but you cannot work. That was my biggest fear when I tried to file for disability that I wouldn't be able to work.

If you have a disability and have ever tried to figure out the VA math you know a lot of these things don't make any sense. For example you qualify for dental coverage at 60% but go try and make an appointment for dental and they will tell you that you need 100% to make an appointment. Also to my understanding the DOD is the only department that will take the money you are given back.

My cousin has a 100% rating and works for the VA. She also has a DOD rating of 80% or something like that not sure. She is unemployable because she has a 100% disability but will does. She doesn't getting anything for the DOD rating because she works. The only thing she struggles with is her retirement. She was medically retired two years ago gets a reduced retirement benefit because she qualifies for DOD disability that she doesn't get because she works. Her job with the VA is to figure this out for people and she can't figure it out herself.

The VA is messed up and I don't claim to know how to figure it out. I just know what I have gone through and don't wish the problems or the VA solutions on anyone not even my enemies. Call the VA and ask them about the unemployability so far every time I have asked and I ask every time you can work just so long as you got your 100% first.
 
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I'm 90% and fought tooth and nail to get it. PTSD, injuries and all. The VA sucks and most of the VSOs too. If you find a good VSO good for you. I fought my VSO more than the VA. They screwed up so much stuff and cost me years of additional time. Since all VSOs became a quasi government agency they just don't do anything.

Lawyers can help but over 80% good luck trying to find one that will help you. And if you are working they won't even take your call.

Unemployability doesn't mean you can't get a job it is just a status given. I'm 90% and unemplyable but work 50 to 60 hours a week. If they change me to 100% I am in the same boat nothing more still work and still get 100%.

Best thing for you is a Fully Developed Claim and the VA spells it out for you and if you call will get you the information you need. When I took my FDC back to the DAV they made copies to help their own cases and I just took it from the VAs website. The DAV told me they don't have any knowledge of helping veterans with getting disability. Keep in mind that is just my DAV, I've talked with some vets who kiss the DAVs feet I wish I could.
The entire social saftynet in this country sucks. Spend time in some SSDI discussion group some time and read the horror stories of how people been turned down for ssdi when they clearly deserved it. I've met a few seniors who are homeless due to a combination of a average SSDI payment of 680.00 a month and very severe shortage of affordable low income housing.
 
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My wife is on SSDI and struggles with them still. They monitor social media and ask her questions if she posts about vacation or anything that looks like she is walking upright. Both systems are broken and I don't claim to have the answers. But I do know when people come to me wishing the US had socialized health care I ask them if they want VA style health care and they always say no not realizing that is exactly what they will get if we ever do have socialized health care. I have a job not because I love it I have a job because the benefits of having the insurance outweigh the cons. Plus I really like what I do.
 
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I'm 90% and fought tooth and nail to get it. PTSD, injuries and all. The VA sucks and most of the VSOs too. If you find a good VSO good for you. I fought my VSO more than the VA. They screwed up so much stuff and cost me years of additional time. Since all VSOs became a quasi government agency they just don't do anything.

Lawyers can help but over 80% good luck trying to find one that will help you. And if you are working they won't even take your call.

Unemployability doesn't mean you can't get a job it is just a status given. I'm 90% and unemplyable but work 50 to 60 hours a week. If they change me to 100% I am in the same boat nothing more still work and still get 100%.

Best thing for you is a Fully Developed Claim and the VA spells it out for you and if you call will get you the information you need. When I took my FDC back to the DAV they made copies to help their own cases and I just took it from the VAs website. The DAV told me they don't have any knowledge of helping veterans with getting disability. Keep in mind that is just my DAV, I've talked with some vets who kiss the DAVs feet I wish I could.
I know the social safty net in the United States is terrible. Its all due to predatory capitalistic government. Predatory meaning the lowering of funding of social programs in the United States contributes to chronically underfunded social programs. As of 2006 over 60,000 vetrans have taken thier lives. These numbers are most likely part of the 30% increase of suicides since year 2000. Va has a histology of turning down verrans for disability payments.
 

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